Substantive Offenses of the BANKRUPTCY FRAUD (PROPERTY CONCEALMENT) 18 U.S.C.§ 152(1)

• Jurisdiction: United States
• Currency: Updated July 14, 2023
• Section: Substantive Offenses

2.10

SUBSTANTIVEOFFENSES

93

2.10

BANKRUPTCYFRAUD(PROPERTY

CONCEALMENT)

18U.S.C. § 152(1)

The defendant is charged in count ————— with a

violation of 18 U.S.C. section 152(1).

This law makes it a crime to conceal property belonging

to the estate of a debtor in bankruptcy.

Tof‌ind the defendant guilty of this crime you must be

convinced that the government has proved each of the fol-

lowing beyond a reasonable doubt:

First: there was a bankruptcy proceeding pending on or

about [date], in which [—————] was the debtor;

Second: [description of the property alleged in indict-

ment] was a part of the debtor’s bankruptcy estate;

Third: [defendant name] knowingly concealed the prop-

erty from the [custodian or trustee or marshal or other of-

f‌icer of the court, who was charged with control or custody of

the property] [in Ch. 11 cases: creditors or United States

Trustee]; and

Fourth: [defendant name] concealed the property with

the intent to defraud the [custodian or trustee or marshalor

other off‌icer of the court, who was charged with controlor

custody of the property] [in Ch. 11 cases: creditors or United

States Trustee].

The “bankruptcy estate” includes all property in which

the debtor has a legal or equitable interest at the time the

bankruptcy case is f‌iled. It also includes proceeds, products,

rents, or prof‌its from the estate’s property.

“Conceal” means not only to hide or secrete, but also to

prevent discovery or withhold knowledge of an asset. In ad-

dition,preventingdisclosure or recognitionof anassetisto